Terms & Conditions

TERMS OF USE

June 14, 2019

Thank you for visiting Future Fund for Education, Inc.’s (“FFE”, “we,” “our,” or “us”) Web site located at www.futurefundforeducation.org (the “Site”). Like many other Web sites, this Site has rules (“terms of use”) that apply to your use of the Site. By using the Site, you agree to comply with and be bound by all terms, conditions, and notices contained or referenced in this Terms of Use Agreement (the “Agreement”), which incorporates our Privacy Notice, available [here], by reference. Please review this Agreement carefully. If you do not agree with this Agreement you may not use the Site, so please exit immediately.

The Site is offered to and intended for use only by individuals who are 18 years of age or older and reside in the United States or any of its territories or possessions (“United States”). The Site is not intended for users who reside outside the United States. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Agreement

We reserve the right to change the Agreement from time to time. If we make any substantial changes, we will notify you by posting a prominent announcement on our home page and by posting the date of the most recent revisions to the Agreement on this page. We urge you to review the Agreement from time to time, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Agreement will become effective immediately upon being posted on the Site, unless otherwise indicated.

Copyright

All materials, information, images, products, and other works protectable under U.S. or foreign copyright law that are available on this Site (“Content”), including the selection, coordination, arrangement, and enhancement of such Content, are protected by national and international copyright laws. We and our licensors retain exclusive ownership and/or rights over all content viewed or accessed on the Site.

Trademarks

Unless otherwise indicated, and all logos, names, designs, and marks on the Site are trademarks, service marks, or trade dress (collectively, “Trademarks”) owned by us or used under license. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. The unauthorized use of the Trademarks is strictly prohibited.

Patents/Inventions

We also own any material available on the Site that may be a protectable invention, know how, patent, or otherwise (“Inventions”), unless we use them under license.

A Limited Right to Use

You may use the Site and the Content only for lawful purposes and only as expressly permitted in this Agreement, and for no other purpose. Except where otherwise noted, you may view, download, and print Content from the Site, and you are granted a limited, nonexclusive license for use solely by you for your own personal, noncommercial purposes, and not for sale, license, rent, distribution, conversion into other formats, republication, reproduction, transmission, public display or performance, preparation of derivative works, or any other exploitation of the Content, in whole or in part.

Commercial use is not allowed without prior written permission from the copyright holder. Please contact us at futurefundforeducation@gmail.com to ask about permissions related to the Content. Commercial use generally refers to use that exceeds personal use, such as (this list is not exhaustive):

-use of the Content in materials that will be distributed to third parties

-use of the Content in materials that will be sold for money or other consideration

-use of the Content in any events that charge admission

-use of the Content for any fundraising of any kind

-use of the Content in a manner that might direct web traffic to another website

You may not retrieve data or other Content to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior, written authorization. We post copyright, legal, and other proprietary notices on the Site’s Web pages. The notices or credits, along with any Copyright Management Information as defined by the Digital Millennium Copyright Act, must remain intact and must not be removed. We may revoke this license at any time.

Submissions

We welcome your feedback regarding the Content. If you elect to submit content to the Site (“Submissions”), you grant us and our licensees the right to use, reproduce, display, perform, adapt, modify, distribute, and promote the Submissions in any format or medium, whether now known or to be discovered or developed, anywhere, and for any purpose. You also warrant and represent that you own or otherwise control all of the rights in and to the Submissions, and that our public posting and use of your Submissions, in whole or in part, will not infringe or violate the rights of any third party. We reserve the right to delete all or part of any Submission, for any reason or for no reason at all, without your consent. We shall not be obligated to use any of the Submissions.

Prohibited Behavior

You may not modify or create derivative works based on the Content. Any use of the Content in any manner that may express or imply endorsement, sponsorship, affiliation, or association by us is strictly prohibited. You may not post on or transmit through the Site any material that: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law; or (iv) without our express prior approval, contains advertising or any solicitation with respect to products or services. You also may not submit or transmit any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights for such submissions or transmissions. Such express permission must include rights allowing for our subsequent use of the material as provided in this Agreement. The burden of determining that such material is not protected by copyright, trademark, or other proprietary rights, or that the appropriate permissions are in place, rests with you.

Links to Third Party Sites

The Site contains links to Web sites operated by third parties (“Third Party Sites”) that are not under our influence or control. As such, we are not responsible for the content of Third Party Sites. We provide links to Third Party Sites only as a courtesy to our visitors, and such links do not imply our endorsement, recommendation or support of any linked Third Party Site, the content on the Third Party Site, any organization sponsoring or participating on the Third Party Site, or any product or service offered through the Third Party Site. Any mention on this Site of products or services provided by third parties is for informational purposes only. We make no representations and assumes no responsibility whatsoever for any third party content, any content that you may access from a Third Party Site through subsequent links, or any content from any Web site from which you may access this Site. This Agreement is only applicable to this Site, and does not apply to linked Third Party Sites. Please review the linked Third Party Site’s terms of use and privacy policies, and if you do not agree to be bound by the terms or policies governing the linked site, we recommend that you terminate your visit to the Third Party Site.

Unauthorized Use and Termination

Unauthorized uses of this Site include (but are not necessarily limited to) unauthorized commercial use of the Site, and unauthorized linking, deep-linking, or framing the Site in a manner that obscures the source of the Content on the Site or otherwise violates our rights in the Site and in the Content. Any unauthorized use of the Site may result in criminal prosecution and/or civil liability. We reserve the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, and for any reason whatsoever.

Disclaimer of Warranties

THE SITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. THE SITE AND THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. NEITHER WE, NOR OUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE, OR ANY LINK TO A THIRD PARTY SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SITE OR THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE CONTENT, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You shall defend, indemnify, and hold us and our employees, officers, directors, members, agents, contractors, and licensors harmless from and against any and all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your use of the Site or the Content, including without limitation, your violation of the Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. We make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.

Security Precautions

The information and services provided through the Site are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the Internet, and to be sufficiently aware of those risks to adequately protect your confidential information.

Choice of Law and Remedies

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of New York, U.S.A., without regard to conflicts of law provisions. The exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Site shall be only in the state or federal courts located in New York County, New York, and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and the us with respect to this Agreement or the Site, we will be entitled to recover its costs and expenses (including attorneys’ fees), in addition to any other remedy available at law, in equity, or otherwise, if we are successful in the prosecution or defense of such claim or action.

Entire Agreement

This Agreement and the incorporated Privacy Notice constitutes the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site, whether oral or written. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used in this Agreement are for convenience only and shall not be given any legal import.

Digital Millennium Copyright Act Notice and Takedown

If you believe that any materials on the Site infringe your copyright and wish to submit a notice and takedown request to us, please send it to the contact information shown below, and include the following:

Upon receipt of the above information, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity.

Contact Us

We welcome your comments, questions, or concerns. You may contact us at futurefundforeducation@gmail.com or mail or fax your comments or requests to:

Future Fund for Education, Inc.

645 Madison Avenue, 20th Floor

New York, NY 10022

Tel: +1 (212) 758-5822

Fax: +1 (212) 319-8779